BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 852 (Fong) - Community Colleges: Temporary Faculty.
Amended: As Proposed to be AmendedPolicy Vote: Education 6-1
Urgency: No Mandate: Yes
Hearing Date: August 16, 2012
Consultant: Jacqueline Wong-Hernandez
SUSPENSE. AS PROPOSED TO BE AMENDED.
Bill Summary: AB 852 provides temporary community college
faculty who meet specific requirements the first right of
refusal for teaching assignments.
Fiscal Impact:
Mandates: Potentially substantial reimbursable mandate on
community college districts (CCDs) to change their part-time
hiring and reappointment procedures, to implement procedures
and guarantees consistent with this bill's requirements, and
to hold additional "just cause" hearings.
Collective bargaining: Potentially significant local costs,
to the extent that this bill's requirements restrict a CCD's
ability to negotiate first right of refusal as part of a
larger collective bargaining agreement.
Background: Existing law specifies that a person who is employed
to teach at a CCD for not more than 67% of the hours per week of
a full-time assignment is considered to be a temporary
(part-time) employee. (EC § 87482.5 and § 87882)
Existing law establishes the issue of earning and retaining
annual reappointment rights as a mandatory subject of
negotiation in the collective bargaining process relating to any
new or successor contract between CCDs and temporary or
part-time faculty. (EC § 87482.9)
Proposed Law: This bill requires that, commencing July 1, 2013,
a temporary faculty member who has been employed in a community
college for at least four of the preceding eight semesters or at
least six of the preceding 12 quarters and whose last
evaluation, if any, was satisfactory has the right of first
refusal for an assignment, as specified. This bill provides that
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it shall not supersede collective bargaining agreements entered
into on or before July 1, 2013.
Staff Comments: This bill will likely result in both state and
local costs, beginning in fiscal year 2013-14. This bill
provides that it does not supersede collective bargaining
agreements established prior to July 1, 2013.
This bill mandates that a temporary faculty member meeting
specified criteria be given the right of first refusal for an
assignment, and specifies that if two or more temporary faculty
members claim the same assignment, the assignment shall be
offered in the order of seniority. This requirement decreases
CCD staffing flexibility, and will likely result in increased
mandate costs. A CCD will, in at least some cases, be required
to hire a temporary faculty member who is higher on the pay
scale (having taught for at least 4 semesters already) than if
the CCD elected to hire a new instructor to teach the section.
This bill specifically requires that when two people would be
qualified, the one with more seniority be given first
preference, further locking in those potential costs. A
successful mandate claim may result in the state having to pay
the difference in wages, in addition to any administrative costs
to establish and implement procedures for complying with this
bill.
This bill specifies that a faculty member may be denied the
right of first refusal only for just cause, rather than a CCD
administration having broader authority to select instructors.
For CCDs which currently have more flexibility concerning who
they offer classes to, this new restriction may result in new
challenges by individuals who believe they were wrongfully
passed over. In turn, this will likely result in an increase in
just cause hearings to determine whether the hiring was
appropriate.
According to the Community College League, most CCDs have
collective bargaining agreements that include some form of
preference rights for temporary faculty. The specifications and
processes by which preference rights are earned vary by
agreement. The agreements are unique to district conditions and
local needs and may change when contracts are renegotiated.
Mandating one system for all CCDs, as this bill does, will
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undoubtedly affect other areas of collective bargaining
negotiations because it removes a benefit from being able to be
considered in the bargain. Under existing law, a CCD might offer
first right of refusal in exchange for a concession from
temporary faculty, and this removes that possibility;
conversely, temporary faculty of a particular CCD might want to
give up first right of refusal in exchange for a benefit they
prioritize more highly. Restricting CCD bargaining options may
drive additional indirect expenses.
Proposed Author Amendments: Add legislative intent language, and
alter the preference requirements among part-time faculty.